Terms and conditions
- SCOPE OF APPLICATION
1.1. These general conditions of online sales apply to all sales contracts concluded between LARA D SRL with registered office in Rome, Viale Giorgio Ribotta 11, and the User, understood under Article 3 of Legislative Decree no. 206/2005 (“Consumer Code”) as a consumer, i.e. a natural person acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity possibly carried out on the basis of orders placed electronically through the site laradeyewear.com
1.2. By declaring acceptance of these General Conditions when purchasing a product on the Site, the User undertakes to comply with these General Conditions. The User will not be able to purchase products through the Site if he/she does not accept these General Conditions.
- CHANGES TO THE GENERAL CONDITIONS
2.1. The Company reserves the right to make changes to these General Conditions at any time when such changes are necessary to comply with legal provisions, to adapt the General Conditions to the Company’s sales models or for technical reasons. The updated version of the General Conditions is published from time to time on the Site. In any case, the version of the General Conditions in force at the time of the order is applied to that purchase.
- CREATION OF AN ACCOUNT
3.1. To purchase products on the Site, the User can create a new account, access the Site with the authentication credentials already obtained after creating an account in his/her name on the Site.
3.2. To create a new account on the Site, the User must correctly complete the fields of the registration form, entering all the data required therein, confirm to have read the privacy policy on the Site, provide any additional consent and finally confirm the registration.
3.3. In order to create an account on the Site, the User must choose a password and keep it confidential.
3.4. Subsequently, the User may select a payment method from those indicated in Article 8.1 below and electronically submit his or her order to the Company.
3.5. The User may cancel the account at any time by sending an email to the Company at the address indicated in Article 14 below. Upon receipt of such notice, any contractual relationship between the User and the Company – except orders already submitted before the cancellation request – will be completed and the User’s username and password will be deleted.
- PURCHASE AS “GUEST”
4.1. The User may also purchase on the Site as guest, without creating an account on the Site. In this case, the User must correctly complete the fields of the login form, entering all the data requested (to give some examples: name, surname, billing and delivery address, e-mail address and telephone number, tax code) and accept these General Conditions.
- CONCLUSION OF THE PURCHASE CONTRACT
5.1. The submission of an order through the Site constitutes a binding offer to purchase the selected products and, therefore, the conclusion of a purchase contract, which will be fully governed by these General Conditions.
5.2. Once the order has been sent, the Company will send the User an email confirming the order, with the order number and details of the order placed (“Confirmation of Receipt”). It is clear, however, that the conclusion of the Contract is subject to the express approval of the order by the Company, which consists of sending an email with the Company’s confirmation that the order is being shipped (“Shipping Confirmation”). Therefore, the User acknowledges that the Confirmation of Receipt does not constitute acceptance of the order and that the Contract will be concluded upon receipt of the Shipping Confirmation, pursuant to art. 9.2 below.
5.3. Before confirming the order, the User is required to check the summary of the purchase order to verify that all data provided are correct. Any errors in the data entered can be corrected using the appropriate editing functions on the Site. In the event of errors which the User only becomes aware of after confirming the order, the User may correct them by contacting the Company as indicated in Article 14 below.
5.4. The User is required to keep the order number on the Confirmation of Receipt in order to access the support service and for any other communication with the Company.
- AVAILABILITY OF PRODUCTS
6.1. The User can select only the products in the list published on the Site and available at the time of the order. The selected products are placed in the shopping cart and its content can be deleted or modified at any time until the order is submitted.
6.2. The product list is periodically updated by the Company, which cannot guarantee the constant availability of a product or the availability of all sizes/versions of each product/colour in the list.
6.3. For each product there is a description of its main features. The images and colours of the products in the descriptions may not correspond faithfully to the real ones, due to the settings of computer systems or devices used by the User to view the Site. Therefore, the images published must be considered indicative within the limits of normal tolerance.
6.4. The products on the Site are available while stocks last. If, although selectable, the chosen product is not available, the Company will promptly notify the User via email to the address provided by the User. In case of permanent unavailability of the product, the Company will offer the User one or more alternative products, provided that, if the User does not intend to accept the proposal, will be promptly refunded any amount already paid. In case of acceptance by the User of the alternative proposal, it is necessary to send a confirmation email to the address referred to in art. 14. The Contract is concluded at the time of receipt by the User of the Shipping Confirmation, in accordance with art. 5.2 above.
- PRICES OF PRODUCTS
7.1. The sale prices are expressed in Euro and are inclusive of VAT.
7.2. The sale prices applicable to the User are those published online at the time of the order. These prices may be subject to change without prior notice. It is the User’s responsibility to check the final price before submitting the order.
7.3. All prices of the products on the Site are net of shipping costs, which remain entirely responsibility of the User. These costs vary depending on the shipping method selected and are indicated separately in the summary of the purchase order and in the Confirmation of Receipt.
- PAYMENTS; BILLING; REFUNDS
8.1. The payment methods available to the User are listed below:
8.1.1. Credit card (Visa, Mastercard, Maestro, American Express)
8.1.2. PayPal
8.2. The price must be paid at the time the order is placed.
8.3. The Company reserves the right to refuse the order in case of unauthorised payment by the operator of the payment method used pursuant to Article 8.1.
8.4. Except in the case where the User chooses to pay by cash on delivery, any refunds of amounts paid by the User to the Company will be made using the same method of payment used by the User to make the purchase. Refunds will be processed in the time and manner provided by the operator of that payment method.
- DELIVERY OF PRODUCTS
9.1. The products purchased on the Site are delivered to the shipping address indicated by the User during registration on the Site or purchase of the product by express courier.
9.2. At the time of delivery of the products by the Company to the express courier, the User receives the Shipment Confirmation, which expressly indicates the tracking code for monitoring the shipment.
9.3. The Company agrees to deliver the products within 30 (thirty) days from the date of the Confirmation of Receipt.
9.4. The shipment is successful at the time of acquisition, by the User or an authorised third party, the moment of delivery of the products, which will be proven by signing the order receipt at the agreed shipping address.
9.5. Upon delivery of the product, the User is required to check that the packaging is intact and without any damage, tampering or alteration. If this check is not successful, the User must immediately make the appropriate complaints to the courier, refusing the product or accepting it with written reservation on the transport document. In addition, the User must promptly inform the Company, contacting the customer service of the Company in the way indicated in Article 14 below.
9.6. If the User is absent at the time of the scheduled deliveries, the courier will keep the products at its warehouse until the collection by the User and, in any case, within the period indicated in the notice of attempted delivery left to the User. If the products are not picked up within this period, the courier will return the products to the Company.
- USER DECLARATIONS AND WARRANTIES
10.1. User declares and warrants:
10.1.1. that he/she may lawfully enter into the Contract;
10.1.2. to be of legal age;
10.1.3. that the personal data and other information provided to the Company when registering on the Site or purchasing a product are true, correct and up to date. The Company reserves the right to verify at any time and by any means at its disposal the information provided, including by requesting appropriate supporting documentation from the User and, in case of violation of this Article 10.1.3, to cancel or suspend the User’s account;
10.1.4. that it will use the Site in compliance with any applicable provision of law or regulation, avoiding any form of direct and/or indirect use of the Site in conflict with the law, these General Conditions or that infringes the rights of third parties.
10.2. The User agrees to exonerate the Company from any liability, action, costs, expenses and claims that may arise from the violation by the User of the declarations and warranties referred to in Article 10.1, considering in any case the possibility for the Company to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code in the case of violation by the User of the above declarations and warranties.
- LEGAL WARRANTY OF CONFORMITY
11.1. The products sold through the Site to the User are covered by the legal warranty of conformity provided for in Articles 128 et seq. of the Consumer Code.
11.2. Without prejudice to the provisions of art. 6.3 above, the Company is required to deliver to the User products that conform to the Contract.
11.3. The Company is liable to the User for any lack of conformity existing at the time of delivery of the product provided that the lack of conformity has become apparent within 2 (two) years from delivery of the product. The User loses his rights under the Legal Warranty if he/she does not report the lack of conformity to the Company within 2 (two) months from the date on which he/she discovered the defect, by contacting Customer Service by email, at the address indicated in Article 14. The User must fill the report form available at the end of these General Conditions with an accurate and complete description of the complained defects or faults and photos of the product, highlighting the lack of conformity reported. The Customer Service will promptly acknowledge the User’s communication, possibly sending him/her a further form to fill in and giving him/her instructions for the possible return of the product.
11.4. The return of the product will be carried out at the expense of the Company if, in the light of the report of the conformity defect and of the photographic documentation received, the Customer Service acknowledges the reported defect. If, on the other hand, Customer Service, following analysis of the photographic documentation, does not consider the User’s report to be well-founded, the User will be free to return the product to the Company, at his own expense, for the sole purpose of having the material product analysed by the Company. To enforce the Legal Warranty, the User must attach to the product any form received by Customer Service following the complaint of the defect (duly completed) and the receipt of payment or any other document reasonably requested by the Company.
11.5. The User may ask the Company, at his/her discretion, to repair the product or replace it for free, unless the solution chosen is objectively impossible or excessively onerous compared to the other.
11.6. The User may request, at his/her discretion, an appropriate discount or the termination of the Contract if any of the following conditions are met: repair or replacement is impossible or excessively expensive; the Company has not repaired or replaced the product within a reasonable period of time; the replacement or repair previously carried out has caused significant inconvenience to the User.
11.7. If, after collecting/receiving the product, the Company verifies that the reported lack of conformity actually exists, any costs of repair or replacement of the product will be paid by the Company or, if the transport costs were incurred by the User pursuant to art. 11.4 above, will be refunded by the Company. If the Company verifies that the lack of conformity reported does not exist or that there are no conditions for the applicability of the Legal Warranty, the Legal Warranty will be not applied and all transport costs – both those incurred by the User and by the Company to return the product – will be paid by the User. The Company will notify the User and the product will be returned to the shipping address provided by the User. In all cases of non-delivery of the products to the User or to a third party authorised by the User, the products will be kept in storage for 15 days or for a longer period indicated in the notice of attempted delivery. If this period ends and the User does not pick up the products, the Company may charge the User for the storage costs and get the products freely back.
11.8. The User acknowledges and accepts that any defects or damages caused by accidental events or by the User’s responsibility or by the inaccurate use of the products or by normal wear and tear will not be covered by the Legal Warranty. Are excluded damages due to improper use of the object by the User (damage from impact, crushing or contact with chemical agents/ perfumes, etc..).
- RIGHT OF WITHDRAWAL
12.1. The User has the right to withdraw from the Contract within 14 (fourteen) days without being obliged to give reasons. The withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the purchased product. If the User has purchased several products in a single order, the withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party, other than the carrier and designated by the User, receives the last product.
12.2. To exercise the right of withdrawal, the User must clearly state his intention to withdraw from the Contract, informing the Company. The User may use the withdrawal form, available at the end of these General Conditions. The form must be filled in and sent to the Customer Service by email, to the address indicated in Article 14 below.
12.3. In order to comply with the withdrawal period, it is sufficient for the User to send the communication related to the exercise of the right of withdrawal before the expiry of the withdrawal period referred to in Article 12.1 above.
12.4. In the event of withdrawal, the Company shall refund the User in full for the price of the returned products, while the shipping costs for the return of the product shall be paid by the User.
12.5. If the right of withdrawal is exercised, the User must return the purchased products to the Company within 14 (fourteen) days, starting from the day on which he/she communicated to the Company his/her decision to withdraw from the Contract. In order to return the product, the User must pay the shipping costs.
12.6. The Company shall refund the User for the amounts indicated in Article 12.4 above, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Company received notice of withdrawal from the User. The Company may suspend the refund until receipt of the returned products or until the User has proved that he/she has returned the products, whichever is sooner. Refunds will be made using the same method of payment used by the User for the initial transaction. If the product is undamaged and serviceable or if it does not have the conformity defect complained of, the Company has the right to charge the customer for any costs incurred in checking the product and shipping it back.
12.7. The User must return the products without having used them, in an intact state of preservation and with original labels not removed. The packaging of the products must be accurate in order to protect the original packing material from damage, writing or labelling. If these conditions are not met, the Company will return the products to the User at the User’s expense.
- PROTECTION OF PERSONAL DATA
13.1. The Company processes the User’s personal data for the purposes and in the manner specified in the Privacy Policy on the Website.
- COMMUNICATIONS
14.1. To receive assistance, lodge complaints or request information, the User may contact the Company at the following contacts:
e-mail: info@laradeyewear.com
- APPLICABLE LAW AND COMPETENT COURT
15.1. These General Conditions are entirely governed by Italian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract shall be the exclusive competence of the Court of Belluno.
TERMS AND CONDITIONS
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Contents of this website
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Documentation in this website
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Links to Other Sites
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